Amended in Assembly August 18, 2014

Amended in Assembly July 3, 2014

Amended in Senate May 27, 2014

Amended in Senate April 3, 2014

Senate Bill No. 1066

Introduced by Senator Galgiani

(Coauthor: Senator Gaines)

February 18, 2014

An act to amend Sections 38139 and 49068.5 of the Education Code, to amend Section 17506 of the Family Code, to amend Sections 6276.30, 13974.1, and 27521 of the Government Code, to amend Sections 168, 273j, and 14200 of, to amend and renumber Sections 14201, 14201.1, 14201.3, 14201.5, 14201.6, 14201.8, 14202, 14202.1, 14202.2, 14203, 14205, 14206, 14207, 14208, 14210, and 14213 of, and to repeal Sections 14204 and 14209 of, the Penal Code, relating to missing persons.

LEGISLATIVE COUNSEL’S DIGEST

SB 1066, as amended, Galgiani. Missing or unidentified persons.

Existing law requires a postmortem examination or autopsy that is conducted at the discretion of the coroner to include certain procedures, including, among others, taking available fingerprints and palm prints and a dental examination including dental charts and dental X-rays, as specified. Existing law requires the coroner to prepare a final report of investigation containing information collected pursuant to the postmortem examination or autopsy. Existing law, subject to exception, prohibits cremation or burying of an unidentified deceased person until the jaws and other tissue samples are retained by the coroner.

This bill would extend the application of these provisions to a medical examiner or other agency that performs a postmortem examination or autopsy. begin insert The bill would authorize these persons and the persons described above to retain another bone sample for the purposes described above if the jaws are not available. end insert

Existing law requires a coroner to submit dental charts and dental X-rays of an unidentified deceased person to the Department of Justice, if the coroner is unable to establish the identity of the body or human remains, within 45 days of the date the body or human remains were discovered and to submit the final report of investigation to the department within 180 days of the date the body or human remains were discovered. Existing law requires a law enforcement agency to report the death of an unidentified person to the department no later than 10 days after the date the body or human remains were discovered.

This bill would apply these provisions to a medical examiner or other agency that performs a postmortem examination or autopsy investigating the death of an unidentified person. The bill would require the report to be made using the department’s Unidentified Deceased Person Reporting Form. The bill would require the department to serve as a statewide repository for final reports of investigation and to maintain dental records in the Violent Crime Information Center database and the National Crime Information Center database. begin insert The bill would prohibit a law enforcement agency from establishing or maintaining any policy that requires the removal of a missing person entry from those databases based solely on the age of the missing person. end insert The bill would require a final report of investigation from a postmortem examination or autopsy to additionally include any anthropology report, fingerprints, photographs, and autopsy report.

By increasing the responsibilities of local government agencies, this bill would impose a state-mandated local program.

Existing law requires the Attorney General to establish and maintain the Violent Crime Information Center to assist in the identification and the apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and dependent adults. Existing law requires the Attorney General to establish within the center and to maintain an online, automated computer system designed to effect an immediate law enforcement response to reports of missing persons, and requires the center to make information authorized for dissemination that is contained in law enforcement reports regarding missing or unidentified persons accessible to the National Missing and Unidentified Persons System.

This bill would reorganize and recast these and other provisions relating to missing persons, and would make conforming and technical changes.

Existing law requires the Department of Justice to establish and maintain a publicly accessible computer Internet directory of information relating to, among other things, missing children who are “at risk,” as defined, and unsolved homicides.

This bill would expand those provisions to include persons who are at risk, as defined, and unidentified persons, as defined.

Existing law requires a police department or sheriff’s department to broadcast, without delay, a “Be On the Lookout” bulletin within its jurisdiction if the person reported missing is under 16 years of age. Existing law also requires that in cases where the missing person is under 16 years of age, and the report is taken by the Department of the California Highway Patrol, or a department other than that of the city or county of residence of the missing person or runaway, the department taking the report shall, within 24 hours, notify, and forward a copy of the report to the police or sheriff’s departments having jurisdiction of the residence address of the missing person and of the place where the person was last seen. Existing law also requires that the report be submitted to the Violent Crime Information Center, if the report was taken by the Department of the California Highway Patrol. Existing law requires, if the person reported missing is under 21 years of age, or if there is evidence that the person is at risk, that the law enforcement agency receiving the report shall, within 2 hours after the receipt of the report, transmit the report to the Department of Justice. Existing law provides that these requirements on local police and sheriffs’ departments shall not be operative if the governing body of the local agency adopts a resolution expressly making those requirements inoperative.

This bill would extend the above-described requirements that are applicable to missing persons under 16 years of age to missing persons under 21 years of age. The bill would require the report transmitted to the Department of Justice to be done electronically using the California Law Enforcement Telecommunications System. The bill would also require that information not immediately available for electronic transmission to the department be obtained by the investigating agency and provided as a supplement to the original entry as soon as possible, but in no event later than 60 days after the original electronic entry. The bill would specify the supplemental information to be provided.

Existing law requires that a report of a missing person to a police department, sheriff’s department, district attorney’s office, Department of the California Highway Patrol, or other law enforcement agency be given in person or by mail, on a form approved by the Attorney General. Existing law requires the form to contain a release to secure dental or skeletal X-rays, or both, of the missing person.

This bill would delete the requirement that the report be made in person or by mail and would require the form to include release of the treatment notes related to the X-rays. The bill would require the center’s database to serve as a statewide database for those X-rays, and would require the Attorney General to forward the information to the National Crime Information Center.

begin insert

This bill would incorporate additional changes to Section 17506 of the Family Code proposed by SB 1460, to be operative only if SB 1460 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 38139 of the Education Code is amended
to read:

38139.  

(a) Public primary schools shall post at an appropriate
area restricted to adults information regarding missing children
provided by the Department of Justice pursuant to Section 14210
of the Penal Code.

(b) Public secondary schools shall post at an appropriate area
information regarding missing children provided by the Department
of Justice pursuant to Section 14210 of the Penal Code.

SEC. 2.  

Section 49068.5 of the Education Code is amended to
read:

49068.5.  

Upon the initial enrollment of a pupil in a public or
private elementary school, or whenever an elementary school pupil
transfers from one school district to another, transfers to an
elementary school within the same district, transfers from one
private elementary school to another, transfers from a private
elementary school to a public elementary school, or transfers from
a public elementary school to a private elementary school, the
principal of the school that the child enters or to which he or she
transfers is urged to check to see if the child resembles a child
listed as missing by the bulletins provided by the Department of
Justice pursuant to Section 14204 of the Penal Code.

SEC. 3.  

Section 17506 of the Family Code is amended to read:

17506.  

(a) There is in the department a California Parent
Locator Service and Central Registry that shall collect and
disseminate all of the following, with respect to any parent, putative
parent, spouse, or former spouse:

(1) The full and true name of the parent together with any known
aliases.

(2) Date and place of birth.

(3) Physical description.

(4) Social security number.

(5) Employment history and earnings.

(6) Military status and Veterans Administration or military
service serial number.

(7) Last known address, telephone number, and date thereof.

(8) Driver’s license number, driving record, and vehicle
registration information.

(9) Criminal, licensing, and applicant records and information.

(10) (A) Any additional location, asset, and income information,
including income tax return information obtained pursuant to
Section 19548 of the Revenue and Taxation Code, and to the extent
permitted by federal law, the address, telephone number, and social
security number obtained from a public utility, cable television
corporation, a provider of electronic digital pager communication,
or a provider of mobile telephony services that may be of assistance
in locating the parent, putative parent, abducting, concealing, or
detaining parent, spouse, or former spouse, in establishing a parent
and child relationship, in enforcing the child support liability of
the absent parent, or enforcing the spousal support liability of the
spouse or former spouse to the extent required by the state plan
pursuant to Section 17604.

(B) For purposes of this subdivision, “income tax return
information” means all of the following regarding the taxpayer:

(i) Assets.

(ii) Credits.

(iii) Deductions.

(iv) Exemptions.

(v) Identity.

(vi) Liabilities.

(vii) Nature, source, and amount of income.

(viii) Net worth.

(ix) Payments.

(x) Receipts.

(xi) Address.

(xii) Social security number.

(b) Pursuant to a letter of agreement entered into between the
Department of Child Support Services and the Department of
Justice, the Department of Child Support Services shall assume
responsibility for the California Parent Locator Service and Central
Registry. The letter of agreement shall, at a minimum, set forth all
of the following:

(1) Contingent upon funding in the Budget Act, the Department
of Child Support Services shall assume responsibility for leadership
and staff of the California Parent Locator Service and Central
Registry commencing July 1, 2003.

(2) All employees and other personnel who staff or provide
support for the California Parent Locator Service and Central
Registry shall, at the time of the transition, at their option, become
the employees of the Department of Child Support Services at
their existing or equivalent classification, salaries, and benefits.

(3) Until the department’s automation system for the California
Parent Locator Service and Central Registry functions is fully
operational, the department shall use the automation system
operated by the Department of Justice.

(4) Any other provisions necessary to ensure continuity of
function and meet or exceed existing levels of service.

(c) To effectuate the purposes of this section, the California
Child Support Automation System, the California Parent Locator
Service and Central Registry, and the Franchise Tax Board shall
utilize the federal Parent Locator Service to the extent necessary,
and may request and shall receive from all departments, boards,
bureaus, or other agencies of the state, or any of its political
subdivisions, and those entities shall provide, that assistance and
data that will enable the Department of Child Support Services
and other public agencies to carry out their powers and duties to
locate parents, spouses, and former spouses, and to identify their
assets, to establish parent-child relationships, and to enforce
liability for child or spousal support, and for any other obligations
incurred on behalf of children, and shall also provide that
information to any local child support agency in fulfilling the duties
prescribed in Section 270 of the Penal Code, and in Chapter 8
(commencing with Section 3130) of Part 2 of Division 8 of this
code, relating to abducted, concealed, or detained children and to
any county child welfare agency or county probation department
in fulfilling the duties prescribed in Article 5.5 (commencing with
Section 290.1) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, and prescribed in Article 6 (commencing
with Section 300) of Chapter 2 of Part 1 of Division 2 of the
Welfare and Institutions Code to identify, locate, and notify parents
of children who are the subject of juvenile court proceedings, to
establish parent and child relationships pursuant to Section 316.2
of the Welfare and Institutions Code, and to assess the
appropriateness of placement of a child with a noncustodial parent
pursuant to Section 361.2 of the Welfare and Institutions Code.
County child welfare agencies and probation departments shall be
entitled to that information regardless of whether an all-county
letter or similar instruction is issued pursuant to subparagraph (C)
of paragraph (8) of subdivision (c) of Section 11478.1 of the
Welfare and Institutions Code. The California Child Support
Automation System shall be entitled to the same cooperation and
information as the California Parent Locator Service and Central
Registry to the extent allowed by law. The California Child Support
Automation System shall be allowed access to criminal record
information only to the extent that access is allowed by state and
federal law.

(d) (1) To effectuate the purposes of this section, and
notwithstanding any other law, regulation, or tariff, and to the
extent permitted by federal law, the California Parent Locator
Service and Central Registry and the California Child Support
Automation System may request and shall receive from public
utilities, as defined in Section 216 of the Public Utilities Code,
customer service information, including the full name, address,
telephone number, date of birth, employer name and address, and
social security number of customers of the public utility, to the
extent that this information is stored within the computer database
of the public utility.

(2) To effectuate the purposes of this section, and
notwithstanding any other law, regulation, or tariff, and to the
extent permitted by federal law, the California Parent Locator
Service and Central Registry and the California Child Support
Automation System may request and shall receive from cable
television corporations, as defined in Section 216.4 of the Public
Utilities Code, the providers of electronic digital pager
communication, as defined in Section 629.51 of the Penal Code,
and the providers of mobile telephony services, as defined in
Section 224.4 of the Public Utilities Code, customer service
information, including the full name, address, telephone number,
date of birth, employer name and address, and social security
number of customers of the cable television corporation, customers
of the providers of electronic digital pager communication, and
customers of the providers of mobile telephony services.

(3) In order to protect the privacy of utility, cable television,
electronic digital pager communication, and mobile telephony
service customers, a request to a public utility, cable television
corporation, provider of electronic digital pager communication,
or provider of mobile telephony services for customer service
information pursuant to this section shall meet the following
requirements:

(A) Be submitted to the public utility, cable television
corporation, provider of electronic digital pager communication,
or provider of mobile telephony services in writing, on a transmittal
document prepared by the California Parent Locator Service and
Central Registry or the California Child Support Automation
System and approved by all of the public utilities, cable television
corporations, providers of electronic digital pager communication,
and providers of mobile telephony services. The transmittal shall
be deemed to be an administrative subpoena for customer service
information.

(B) Have the signature of a representative authorized by the
California Parent Locator Service and Central Registry or the
California Child Support Automation System.

(C) Contain at least three of the following data elements
regarding the person sought:

(i) First and last name, and middle initial, if known.

(ii) Social security number.

(iii) Driver’s license number.

(iv) Birth date.

(v) Last known address.

(vi) Spouse’s name.

(D) The California Parent Locator Service and Central Registry
and the California Child Support Automation System shall ensure
that each public utility, cable television corporation, provider of
electronic digital pager communication services, and provider of
mobile telephony services has at all times a current list of the names
of persons authorized to request customer service information.

(E) The California Child Support Automation System and the
California Parent Locator Service and Central Registry shall ensure
that customer service information supplied by a public utility, cable
television corporation, provider of electronic digital pager
communication, or provider of mobile telephony services is
applicable to the person who is being sought before releasing the
information pursuant to subdivision (d).

(4) During the development of the California Child Support
Automation System, the department shall determine the necessity
of additional locate sources, including those specified in this
section, based upon the cost-effectiveness of those sources.

(5) The public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider may charge a fee to the California Parent Locator Service
and Central Registry or the California Child Support Automation
System for each search performed pursuant to this subdivision to
cover the actual costs to the public utility, cable television
corporation, electronic digital pager communication provider, or
mobile telephony service provider for providing this information.

(6) No public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider or official or employee thereof, shall be subject to criminal
or civil liability for the release of customer service information as
authorized by this subdivision.

(e) Notwithstanding Section 14203 of the Penal Code, any
records established pursuant to this section shall be disseminated
only to the Department of Child Support Services, the California
Child Support Automation System, the California Parent Locator
Service and Central Registry, the parent locator services and central
registries of other states as defined by federal statutes and
regulations, a local child support agency of any county in this state,
and the federal Parent Locator Service. The California Child
Support Automation System shall be allowed access to criminal
offender record information only to the extent that access is allowed
by law.

(f) (1) At no time shall any information received by the
California Parent Locator Service and Central Registry or by the
California Child Support Automation System be disclosed to any
person, agency, or other entity, other than those persons, agencies,
and entities specified pursuant to Section 17505, this section, or
any other provision.

(2) This subdivision shall not otherwise affect discovery between
parties in any action to establish, modify, or enforce child, family,
or spousal support, that relates to custody or visitation.

(g) (1) The Department of Justice, in consultation with the
Department of Child Support Services, shall promulgate rules and
regulations to facilitate maximum and efficient use of the California
Parent Locator Service and Central Registry. Upon implementation
of the California Child Support Automation System, the
Department of Child Support Services shall assume all
responsibility for promulgating rules and regulations for use of
the California Parent Locator Service and Central Registry.

(2) The Department of Child Support Services, the Public
Utilities Commission, the cable television corporations, providers
of electronic digital pager communication, and the providers of
mobile telephony services shall develop procedures for obtaining
the information described in subdivision (c) from public utilities,
cable television corporations, providers of electronic digital pager
communication, and providers of mobile telephony services and
for compensating the public utilities, cable television corporations,
providers of electronic digital pager communication, and providers
of mobile telephony services for providing that information.

(h) The California Parent Locator Service and Central Registry
may charge a fee not to exceed eighteen dollars ($18) for any
service it provides pursuant to this section that is not performed
or funded pursuant to Section 651 and following of Title 42 of the
United States Code.

(i) This section shall be construed in a manner consistent with
the other provisions of this article.

begin insert

begin insert SEC. 3.5. end insert   

end insert

begin insert Section 17506 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

17506.  

(a) There is in the department a California Parent
Locator Service and Central Registry that shall collect and
disseminate all of the following, with respect to any parent, putative
parent, spouse, or former spouse:

(1) The full and true name of the parent together with any known
aliases.

(2) Date and place of birth.

(3) Physical description.

(4) Social security number.

(5) Employment history and earnings.

(6) Military status and Veterans Administration or military
service serial number.

(7) Last known address, telephone number, and date thereof.

(8) Driver’s license number, driving record, and vehicle
registration information.

(9) Criminal, licensing, and applicant records and information.

(10) (A) Any additional location, asset, and income information,
including income tax return information obtained pursuant to
Section begin delete 19285.1 end delete begin insert 19548 end insert of the Revenue and Taxation Code, and to
the extent permitted by federal law, the address, telephone number,
and social security number obtained from a public utility, cable
television corporation, a provider of electronic digital pager
communication, or a provider of mobile telephony services that
may be of assistance in locating the parent, putative parent,
abducting, concealing, or detaining parent, spouse, or former
spouse, in establishing a parent and child relationship, in enforcing
the child support liability of the absent parent, or enforcing the
spousal support liability of the spouse or former spouse to the
extent required by the state plan pursuant to Section 17604.

(B) For purposes of this subdivision, “income tax return
information” means all of the following regarding the taxpayer:

(i) Assets.

(ii) Credits.

(iii) Deductions.

(iv) Exemptions.

(v) Identity.

(vi) Liabilities.

(vii) Nature, source, and amount of income.

(viii) Net worth.

(ix) Payments.

(x) Receipts.

(xi) Address.

(xii) Social security number.

(b) Pursuant to a letter of agreement entered into between the
Department of Child Support Services and the Department of
Justice, the Department of Child Support Services shall assume
responsibility for the California Parent Locator Service and Central
Registry. The letter of agreement shall, at a minimum, set forth all
of the following:

(1) Contingent upon funding in the Budget Act, the Department
of Child Support Services shall assume responsibility for leadership
and staff of the California Parent Locator Service and Central
Registry commencing July 1, 2003.

(2) All employees and other personnel who staff or provide
support for the California Parent Locator Service and Central
Registry shall, at the time of the transition, at their option, become
the employees of the Department of Child Support Services at
their existing or equivalent classification, salaries, and benefits.

(3) Until the department’s automation system for the California
Parent Locator Service and Central Registry functions is fully
operational, the department shall use the automation system
operated by the Department of Justice.

(4) Any other provisions necessary to ensure continuity of
function and meet or exceed existing levels of service.

(c) To effectuate the purposes of this section, the California
Child Support Automation System, the California Parent Locator
Service and Central Registry, and the Franchise Tax Board shall
utilize the federal Parent Locator Service to the extent necessary,
and may request and shall receive from all departments, boards,
bureaus, or other agencies of the state, or any of its political
subdivisions, and those entities shall provide, that assistance and
data that will enable the Department of Child Support Services
and other public agencies to carry out their powers and duties to
locate parents, spouses, and former spouses, and to identify their
assets, to establish parent-child relationships, and to enforce
liability for child or spousal support, and for any other obligations
incurred on behalf of children, and shall also provide that
information to any local child support agency in fulfilling the duties
prescribed in Section 270 of the Penal Code, and in Chapter 8
(commencing with Section 3130) of Part 2 of Division 8 of this
code, relating to abducted, concealed, or detained children and to
any county child welfare agency or county probation department
in fulfilling the duties prescribed in Article 5.5 (commencing with
Section 290.1) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, and prescribed in Article 6 (commencing
with Section 300) of Chapter 2 of Part 1 of Division 2 of the
Welfare and Institutions Code to identify, locate, and notify parents
begin insert or relatives end insert of children who are the subject of juvenile court
proceedings, to establish parent and child relationships pursuant
to Section 316.2 of the Welfare and Institutions Code, and to assess
the appropriateness of placement of a child with a noncustodial
parent pursuant to Section 361.2 of the Welfare and Institutions
Code. begin insert end insert begin insert Consistent with paragraph (1) of subdivision (e) of Section
309 of, and paragraph (2) of subdivision (d) of Section 628 of, the
Welfare and Institutions Code, in order for county child welfare
and probation departments to carry out their duties to identify and
locate all grandparents, adult siblings, and other adult relatives
of the child as defined in paragraph (2) of subdivision (f) of Section
319 of the Welfare and Institutions Code, including any other adult
relatives suggested by the parents, county personnel are permitted
to request and receive information from the California Parent
Locator Service and Federal Parent Locator Service. end insert County
child welfare agencies and probation departments shall be entitled
to begin delete that end delete begin insert the end insert information begin insert described in this subdivision end insert regardless of
whether an all-county letter or similar instruction is issued pursuant
to subparagraph (C) of paragraph (8) of subdivision (c) of Section
11478.1 of the Welfare and Institutions Code. The California Child
Support Automation System shall be entitled to the same
cooperation and information as the California Parent Locator
Service and Central Registry to the extent allowed by law. The
California Child Support Automation System shall be allowed
access to criminal record information only to the extent that access
is allowed by state and federal law.

(d) (1) To effectuate the purposes of this section, and
notwithstanding any other begin delete provision of California end delete law, regulation,
or tariff, and to the extent permitted by federal law, the California
Parent Locator Service and Central Registry and the California
Child Support Automation System may request and shall receive
from public utilities, as defined in Section 216 of the Public
Utilities Code, customer service information, including the full
name, address, telephone number, date of birth, employer name
and address, and social security number of customers of the public
utility, to the extent that this information is stored within the
computer database of the public utility.

(2) To effectuate the purposes of this section, and
notwithstanding any other begin delete provision of California end delete law, regulation,
or tariff, and to the extent permitted by federal law, the California
Parent Locator Service and Central Registry and the California
Child Support Automation System may request and shall receive
from cable television corporations, as defined in Section 216.4 of
the Public Utilities Code, the providers of electronic digital pager
communication, as defined in Section 629.51 of the Penal Code,
and the providers of mobile telephony services, as defined in
Section 224.4 of the Public Utilities Code, customer service
information, including the full name, address, telephone number,
date of birth, employer name and address, and social security
number of customers of the cable television corporation, customers
of the providers of electronic digital pager communication, and
customers of the providers of mobile telephony services.

(3) In order to protect the privacy of utility, cable television,
electronic digital pager communication, and mobile telephony
service customers, a request to a public utility, cable television
corporation, provider of electronic digital pager communication,
or provider of mobile telephony services for customer service
information pursuant to this section shall meet the following
requirements:

(A) Be submitted to the public utility, cable television
corporation, provider of electronic digital pager communication,
or provider of mobile telephony services in writing, on a transmittal
document prepared by the California Parent Locator Service and
Central Registry or the California Child Support Automation
System and approved by all of the public utilities, cable television
corporations, providers of electronic digital pager communication,
and providers of mobile telephony services. The transmittal shall
be deemed to be an administrative subpoena for customer service
information.

(B) Have the signature of a representative authorized by the
California Parent Locator Service and Central Registry or the
California Child Support Automation System.

(C) Contain at least three of the following data elements
regarding the person sought:

(i) First and last name, and middle initial, if known.

(ii) Social security number.

(iii) Driver’s license number.

(iv) Birth date.

(v) Last known address.

(vi) Spouse’s name.

(D) The California Parent Locator Service and Central Registry
and the California Child Support Automation System shall ensure
that each public utility, cable television corporation, provider of
electronic digital pager communication services, and provider of
mobile telephony services has at all times a current list of the names
of persons authorized to request customer service information.

(E) The California Child Support Automation System and the
California Parent Locator Service and Central Registry shall ensure
that customer service information supplied by a public utility, cable
television corporation, provider of electronic digital pager
communication, or provider of mobile telephony services is
applicable to the person who is being sought before releasing the
information pursuant to subdivision (d).

(4) During the development of the California Child Support
Automation System, the department shall determine the necessity
of additional locate sources, including those specified in this
section, based upon the cost-effectiveness of those sources.

(5) The public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider may charge a fee to the California Parent Locator Service
and Central Registry or the California Child Support Automation
System for each search performed pursuant to this subdivision to
cover the actual costs to the public utility, cable television
corporation, electronic digital pager communication provider, or
mobile telephony service provider for providing this information.

(6) No public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider or official or employee thereof, shall be subject to criminal
or civil liability for the release of customer service information as
authorized by this subdivision.

(e) Notwithstanding Section begin delete 14202 end delete begin insert 14203 end insert of the Penal Code,
any records established pursuant to this section shall be
disseminated only to the Department of Child Support Services,
the California Child Support Automation System, the California
Parent Locator Service and Central Registry, the parent locator
services and central registries of other states as defined by federal
statutes and regulations, a local child support agency of any county
in this state, and the federal Parent Locator Service. The California
Child Support Automation System shall be allowed access to
criminal offender record information only to the extent that access
is allowed by law.

(f) (1) At no time shall any information received by the
California Parent Locator Service and Central Registry or by the
California Child Support Automation System be disclosed to any
person, agency, or other entity, other than those persons, agencies,
and entities specified pursuant to Section 17505, this section, or
any other begin delete provision of law end delete begin insert provision end insert .

(2) This subdivision shall not otherwise affect discovery between
parties in any action to establish, modify, or enforce child, family,
or spousal support, that relates to custody or visitation.

(g) (1) The Department of Justice, in consultation with the
Department of Child Support Services, shall promulgate rules and
regulations to facilitate maximum and efficient use of the California
Parent Locator Service and Central Registry. Upon implementation
of the California Child Support Automation System, the
Department of Child Support Services shall assume all
responsibility for promulgating rules and regulations for use of
the California Parent Locator Service and Central Registry.

(2) The Department of Child Support Services, the Public
Utilities Commission, the cable television corporations, providers
of electronic digital pager communication, and the providers of
mobile telephony services shall develop procedures for obtaining
the information described in subdivision (c) from public utilities,
cable television corporations, providers of electronic digital pager
communication, and providers of mobile telephony services and
for compensating the public utilities, cable television corporations,
providers of electronic digital pager communication, and providers
of mobile telephony services for providing that information.

(h) The California Parent Locator Service and Central Registry
may charge a fee not to exceed eighteen dollars ($18) for any
service it provides pursuant to this section that is not performed
or funded pursuant to Section 651 and following of Title 42 of the
United States Code.

(i) This section shall be construed in a manner consistent with
the other provisions of this article.

SEC. 4.  

Section 6276.30 of the Government Code is amended
to read:

6276.30.  

Managed care health plans, confidentiality of
proprietary information, Section 14091.3 of the Welfare and
Institutions Code.

Managed Risk Medical Insurance Board, negotiations with
entities contracting or seeking to contract with the board,
subdivisions (v) and (y) of Section 6254.

Mandated blood testing and confidentiality to protect public
health, prohibition against compelling identification of test subjects,
Section 120975 of the Health and Safety Code.

Mandated blood testing and confidentiality to protect public
health, unauthorized disclosures of identification of test subjects,
Sections 1603.1, 1603.3, and 121022 of the Health and Safety
Code.

Mandated blood testing and confidentiality to protect public
health, disclosure to patient’s spouse, sexual partner, needle sharer,
or county health officer, Section 121015 of the Health and Safety
Code.

Manufactured home, mobilehome, floating home, confidentiality
of home address of registered owner, Section 18081 of the Health
and Safety Code.

Marital confidential communications, Sections 980, 981, 982,
983, 984, 985, 986, and 987 of the Evidence Code.

Market reports, confidential, subdivision (e) of Section 6254.

Marketing of commodities, confidentiality of financial
information, Section 58781 of the Food and Agricultural Code.

Marketing orders, confidentiality of processors’ or distributors’
information, Section 59202 of the Food and Agricultural Code.

Marriage, confidential, certificate, Section 511 of the Family
Code.

Medi-Cal Benefits Program, confidentiality of information,
Section 14100.2 of the Welfare and Institutions Code.

Medi-Cal Benefits Program, Request of Department for Records
of Information, Section 14124.89 of the Welfare and Institutions
Code.

Medi-Cal Fraud Bureau, confidentiality of complaints, Section
12528.

Medi-Cal managed care program, exemption from disclosure
for financial and utilization data submitted by Medi-Cal managed
care health plans to establish rates, Section 14301.1 of the Welfare
and Institutions Code.

Medi-Cal program, exemption from disclosure for best price
contracts between the State Department of Health Care Services
and drug manufacturers, Section 14105.33 of the Welfare and
Institutions Code.

Medical information, disclosure by provider unless prohibited
by patient in writing, Section 56.16 of the Civil Code.

Medical information, types of information not subject to patient
prohibition of disclosure, Section 56.30 of the Civil Code.

Medical and other hospital committees and peer review bodies,
confidentiality of records, Section 1157 of the Evidence Code.

Medical or dental licensee, action for revocation or suspension
due to illness, report, confidentiality of, Section 828 of the Business
and Professions Code.

Medical or dental licensee, disciplinary action, denial or
termination of staff privileges, report, confidentiality of, Sections
805, 805.1, and 805.5 of the Business and Professions Code.

Meetings of state agencies, disclosure of agenda, Section
11125.1.

Mentally abnormal sex offender committed to state hospital,
confidentiality of records, Section 4135 of the Welfare and
Institutions Code.

Mentally disordered and developmentally disabled offenders,
access to criminal histories of, Section 1620 of the Penal Code.

Mentally disordered persons, court-ordered evaluation,
confidentiality of reports, Section 5202 of the Welfare and
Institutions Code.

Mentally disordered or mentally ill person, confidentiality of
written consent to detainment, Section 5326.4 of the Welfare and
Institutions Code.

Mentally disordered or mentally ill person, voluntarily or
involuntarily detained and receiving services, confidentiality of
records and information, Sections 5328, 5328.15, 5328.2, 5328.4,
5328.8, and 5328.9 of the Welfare and Institutions Code.

Mentally disordered or mentally ill person, weapons restrictions,
confidentiality of information about, Section 8103 of the Welfare
and Institutions Code.

Milk marketing, confidentiality of records, Section 61443 of the
Food and Agricultural Code.

Milk product certification, confidentiality of, Section 62121 of
the Food and Agricultural Code.

Milk, market milk, confidential records and reports, Section
62243 of the Food and Agricultural Code.

Milk product registration, confidentiality of information, Section
38946 of the Food and Agricultural Code.

Milk equalization pool plan, confidentiality of producers’ voting,
Section 62716 of the Food and Agricultural Code.

Mining report, confidentiality of report containing information
relating to mineral production, reserves, or rate of depletion of
mining operation, Section 2207 of the Public Resources Code.

Minor, criminal proceeding testimony closed to public, Section
859.1 of the Penal Code.

Minors, material depicting sexual conduct, records of suppliers
to be kept and made available to law enforcement, Section 1309.5
of the Labor Code.

Misdemeanor and felony reports by police chiefs and sheriffs
to Department of Justice, confidentiality of, Sections 11107 and
11107.5 of the Penal Code.

Monetary instrument transaction records, confidentiality of,
Section 14167 of the Penal Code.

Missing persons’ information, disclosure of, Sections 14204 and
14205 of the Penal Code.

Morbidity and mortality studies, confidentiality of records,
Section 100330 of the Health and Safety Code.

Motor vehicle accident reports, disclosure, Sections 16005,
20012, and 20014 of the Vehicle Code.

Motor vehicles, department of, public records, exceptions,
Sections 1808 to 1808.7, inclusive, of the Vehicle Code.

Motor vehicle insurance fraud reporting, confidentiality of
information acquired, Section 1874.3 of the Insurance Code.

Motor vehicle liability insurer, data reported to Department of
Insurance, confidentiality of, Section 11628 of the Insurance Code.

Multijurisdictional drug law enforcement agency, closed sessions
to discuss criminal investigation, Section 54957.8.

SEC. 5.  

Section 13974.1 of the Government Code is amended
to read:

13974.1.  

(a) The board shall use the applicable provisions of
this article to establish a claim and reward procedure to reward
persons providing information leading to the location of any child
listed in the missing children registry compiled pursuant to former
Section 11114 of the Penal Code or maintained pursuant to the
system maintained pursuant to Sections 14203 and 14204 of the
Penal Code.

(b) Awards shall be made upon recommendation of the
Department of Justice in an amount of not to exceed five hundred
dollars ($500) to any one individual. However, as a condition to
an award, in any particular case, an amount equal to or greater in
nonstate funds shall have been first offered as a reward for
information leading to the location of that missing child.

(c) The Missing Children Reward Fund is hereby created in the
State Treasury and is continuously appropriated to the California
Victim Compensation and Government Claims Board to make
awards pursuant to this section.

SEC. 6.  

Section 27521 of the Government Code is amended
to read:

27521.  

(a) A postmortem examination or autopsy conducted
at the discretion of a coroner, medical examiner, or other agency
upon an unidentified body or human remains is subject to this
section.

(b) A postmortem examination or autopsy shall include, but
shall not be limited to, the following procedures:

(1) Taking of all available fingerprints and palm prints.

(2) A dental examination consisting of dental charts and dental
X-rays of the deceased person’s teeth, which may be conducted
on the body or human remains by a qualified dentist as determined
by the coroner.

(3) The collection of tissue, including a hair sample, or body
fluid samples for future DNA testing, if necessary.

(4) Frontal and lateral facial photographs with the scale
indicated.

(5) Notation and photographs, with a scale, of significant scars,
marks, tattoos, clothing items, or other personal effects found with
or near the body.

(6) Notations of observations pertinent to the estimation of the
time of death.

(7) Precise documentation of the location of the remains.

(c) The postmortem examination or autopsy of the unidentified
body or remains may include full body X-rays.

(d) The coroner, medical examiner, or other agency performing
a postmortem examination or autopsy shall prepare a final report
of investigation in a format established by the Department of
Justice. The final report shall list or describe the information
collected pursuant to the postmortem examination or autopsy
conducted under subdivision (b).

(e) The body of an unidentified deceased person may not be
cremated or buried until the jaws (maxilla and mandible with teeth) begin insert ,
or other bone sample if the jaws are not available, end insert and other tissue
samples are retained for future possible use. Unless the coroner,
medical examiner, or other agency performing a postmortem
examination or autopsy has determined that the body of the
unidentified deceased person has suffered significant deterioration
or decomposition, the jaws shall not be removed until immediately
before the body is cremated or buried. The coroner, medical
examiner, or other agency responsible for a postmortem
examination or autopsy shall retain the jaws and other tissue
samples for one year after a positive identification is made, and
no civil or criminal challenges are pending, or indefinitely.

(f) If the coroner, medical examiner, or other agency performing
a postmortem examination or autopsy with the aid of the dental
examination and any other identifying findings is unable to
establish the identity of the body or human remains, the coroner,
medical examiner, or other agency shall submit dental charts and
dental X-rays of the unidentified deceased person to the Department
of Justice on forms supplied by the Department of Justice within
45 days of the date the body or human remains were discovered.

(g) If the coroner, medical examiner, or other agency performing
a postmortem examination or autopsy with the aid of the dental
examination and other identifying findings is unable to establish
the identity of the body or human remains, the coroner, medical
examiner, or other agency shall submit the final report of
investigation to the Department of Justice within 180 days of the
date the body or human remains were discovered. The final report
of investigation shall list or describe the information collected
pursuant to the postmortem examination or autopsy conducted
under subdivision (b), and any anthropology report, fingerprints,
photographs, and autopsy report.

SEC. 7.  

Section 168 of the Penal Code is amended to read:

168.  

(a) Every district attorney, clerk, judge, or peace officer
who, except by issuing or in executing a search warrant or warrant
of arrest for a felony, willfully discloses the fact of the warrant
prior to execution for the purpose of preventing the search or
seizure of property or the arrest of any person shall be punished
by imprisonment in a county jail not exceeding one year or
pursuant to subdivision (h) of Section 1170.

(b) This section shall not prohibit the following:

(1) A disclosure made by a district attorney or the Attorney
General for the sole purpose of securing voluntary compliance
with the warrant.

(2) Upon the return of an indictment and the issuance of an
arrest warrant, a disclosure of the existence of the indictment and
arrest warrant by a district attorney or the Attorney General to
assist in the apprehension of a defendant.

(3) The disclosure of an arrest warrant pursuant to paragraph
(1) of subdivision (a) of Section 14207.

SEC. 8.  

Section 273j of the Penal Code is amended to read:

273j.  

(a) (1) Any parent or guardian having the care, custody,
or control of a child under 14 years of age who knows or should
have known that the child has died shall notify a public safety
agency, as defined in Section 53102 of the Government Code,
within 24 hours of the time that the parent or guardian knew or
should have known that the child has died.

(2) This subdivision shall not apply when a child is otherwise
under the immediate care of a physician at the time of death, or if
a public safety agency, a coroner, or a medical examiner is
otherwise aware of the death.

(b) (1) Any parent or guardian having the care, custody, or
control of a child under 14 years of age shall notify law
enforcement within 24 hours of the time that the parent or guardian
knows or should have known that the child is a missing person
and there is evidence that the child is a person at risk, as those
terms are defined in Section 14215.

(2) This subdivision shall not apply if law enforcement is
otherwise aware that the child is a missing person.

(c) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail for not more than one year, or by a
fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.

(d) Nothing in this section shall preclude prosecution under any
other provision of law.

SEC. 9.  

Section 14200 of the Penal Code is amended to read:

14200.  

(a) The Attorney General shall establish and maintain
the Violent Crime Information Center to assist in the identification
and the apprehension of persons responsible for specific violent
crimes and for the disappearance and exploitation of persons,
particularly children and at-risk adults.

(b) The center shall establish and maintain programs which
include, but are not limited to, all of the following:

(1) Developing violent offender profiles.

(2) Assisting local law enforcement agencies and county district
attorneys by providing investigative information on persons
responsible for specific violent crimes and missing person cases.

(3) Providing physical description information and photographs,
if available, of missing persons to county district attorneys,
nonprofit missing persons organizations, and schools.

(4) Providing statistics on missing at-risk adults and on missing
children, including, as may be applicable, family abductions,
nonfamily abductions, voluntary missing, and lost children or lost
at-risk adults.

(c) The Attorney General shall provide training on the services
provided by the center to line personnel, supervisors, and
investigators in the following fields: law enforcement, district
attorneys’ offices, the Department of Corrections and
Rehabilitation, probation departments, court mediation services,
and the judiciary.

SEC. 10.  

Section 14201 of the Penal Code is amended and
renumbered to read:

14204.  

(a) The Attorney General shall establish within the
center and shall maintain an online, automated computer system
designed to effect an immediate law enforcement response to
reports of missing persons. The Attorney General shall design the
computer system, using any existing system, including the
California Law Enforcement Telecommunications System, to
include an active file of information concerning persons reported
to it as missing and who have not been reported as found. The
computer system shall also include a confidential historic database.
The Attorney General shall develop a system of cataloging missing
person reports according to a variety of characteristics in order to
facilitate locating particular categories of reports as needed.

(b) The Attorney General’s active files described in subdivision
(a) shall be made available to law enforcement agencies. The
Attorney General shall provide to these agencies the name and
personal description data of the missing person including, but not
limited to, the person’s date of birth, color of eyes and hair, sex,
height, weight, and race, the time and date he or she was reported
missing, the reporting agency, and any other data pertinent to the
purpose of locating missing persons. However, the Attorney
General shall not release the information if the reporting agency
requests the Attorney General in writing not to release the
information because it would impair a criminal investigation.

(c) The Attorney General shall distribute a missing children and
at-risk adults bulletin on a quarterly basis to local law enforcement
agencies, district attorneys, and public schools. The Attorney
General shall also make this information accessible to other parties
involved in efforts to locate missing children and at-risk adults
and to those other persons as the Attorney General deems
appropriate.

SEC. 11.  

Section 14201.1 of the Penal Code is amended and
renumbered to read:

14201.  

The Attorney General shall establish and maintain,
upon appropriation of funds by the Legislature, the Violent Crime
Information Network within the center to enable the Department
of Justice crime analysts with expertise in child abuse, missing
persons, child abductions, and sexual assaults to electronically
share their data, analysis, and findings on violent crime cases with
each other, and to electronically provide law enforcement agencies
with information to assist in the identification, tracking, and
apprehension of violent offenders. The Violent Crime Information
Network shall integrate existing state, federal, and civilian
databases into a single comprehensive network.

SEC. 12.  

Section 14201.3 of the Penal Code is amended and
renumbered to read:

14209.  

The center shall make accessible to the National Missing
and Unidentified Persons System specific information authorized
for dissemination and as determined appropriate by the center that
is contained in law enforcement reports regarding missing or
unidentified persons. The information shall be accessible in a
manner and format approved by the center and shall be used to
assist in the search for the missing person or persons. The center
shall not permit the transmission or sharing of information, or
portions of information, to the National Missing and Unidentified
Persons System unless the reporting agency, as specified in Section
14211, or the reporting party, with respect to the information
submitted to the center, submits authorization to the center to
transmit or share that information.

SEC. 13.  

Section 14201.5 of the Penal Code is amended and
renumbered to read:

14206.  

(a) The Attorney General shall establish within the
Department of Justice the Missing and Exploited Children’s
Recovery Network by July 31, 1995.

(b) This network shall consist of an automated computerized
system that shall have the capability to electronically transmit to
all state and local law enforcement agencies, and all cooperating
news media services, either by facsimile or computer modem, a
missing child poster that includes the name, personal description
data, and picture of the missing child. The information contained
in this poster shall include, but not be limited to, the child’s date
of birth, color of eyes and hair, sex, height, weight, race, the time
and date he or she was reported missing, the reporting agency,
including contact person at reporting agency if known, and any
other data pertinent to the purpose of locating missing persons.

(c) The Department of Justice shall work in cooperation with
the National Center for Missing and Exploited Children to develop
and implement a network that can electronically interface with the
National Missing and Exploited Children’s Network.

(d) The Attorney General shall implement this network within
existing Department of Justice resources.

SEC. 14.  

Section 14201.6 of the Penal Code is amended and
renumbered to read:

14207.  

(a) The Department of Justice shall establish and
maintain a publicly accessible computer Internet directory of
information relating to the following:

(1) Persons for whom an arrest warrant has been issued pursuant
to an alleged violation of any offense defined as a violent felony
in subdivision (c) of Section 667.5.

(2) At-risk missing persons.

(3) Unsolved homicides and unidentified persons.

(b) The Attorney General may determine the extent of
information and the priority of cases to be included in the directory.

(c) The department shall keep confidential, and not enter into
the directory, either of the following:

(1) Information regarding any case for which the Attorney
General has determined that disclosure pursuant to this section
would endanger the safety of a person involved in an investigation
or the successful completion of the investigation or a related
investigation.

(2) Information regarding an arrest warrant for which the issuing
magistrate has determined that disclosure pursuant to this section
would endanger the safety of a person involved in an investigation
or the successful completion of the investigation or a related
investigation.

SEC. 15.  

Section 14201.8 of the Penal Code is amended and
renumbered to read:

14208.  

(a) There shall be within the Department of Justice a
director responsible for coordinating California’s response to
missing persons. This position is hereby established for all of the
following purposes:

(1) To assist law enforcement agencies, at their request, with
the timely search and recovery of missing children.

(2) To maintain up-to-date knowledge and expertise of those
protocols, best practices, and technologies that are most effective
for recovering missing children in a timely manner.

(3) To maintain relationships with federal, state, and local law
enforcement agencies and other entities responsible for the
investigation of missing persons in the state.

(4) To maintain records and make the Commission on Peace
Officer Standards and Training Guidelines for Handling Missing
Persons Investigations document available to law enforcement
agencies upon request.

(b) The director shall utilize existing resources and expertise
within the Attorney General’s office to the maximum extent
possible to accomplish the purposes specified in subdivision (a).

SEC. 16.  

Section 14202 of the Penal Code is amended and
renumbered to read:

14203.  

(a) The Attorney General shall establish and maintain
within the center an investigative support unit and an automated
violent crime method of operation system to facilitate the
identification and apprehension of persons responsible for murder,
kidnap, including parental abduction, false imprisonment, or sexual
assault. This unit shall be responsible for identifying perpetrators
of violent felonies collected from the center and analyzing and
comparing data on missing persons in order to determine possible
leads which could assist local law enforcement agencies. This unit
shall only release information about active investigations by police
and sheriffs’ departments to local law enforcement agencies.

(b) The Attorney General shall make available to the
investigative support unit files organized by category of offender
or victim and shall seek information from other files as needed by
the unit. This set of files may include, among others, the following:

(1) Missing or unidentified, deceased persons’ dental files filed
pursuant to this title, Section 27521 of the Government Code, or
Section 102870 of the Health and Safety Code.

(2) Child abuse reports filed pursuant to Section 11169.

(3) Sex offender registration files maintained pursuant to Section
290.

(4) State summary criminal history information maintained
pursuant to Section 11105.

(5) Information obtained pursuant to the parent locator service
maintained pursuant to Section 11478.1 of the Welfare and
Institutions Code.

(6) Information furnished to the Department of Justice pursuant
to Section 11107.

(7) Other Attorney General’s office files as requested by the
investigative support unit.

(c) The investigative support unit shall make available, within
two hours of a reported stranger abduction of a child, a list of
persons required to register as sex offenders based upon the modus
operandi, if available, or the specified geographical location from
which the child was abducted.

SEC. 17.  

Section 14202.1 of the Penal Code is amended and
renumbered to read:

14202.  

The Attorney General shall establish and maintain,
upon appropriation of funds by the Legislature, within the center
the Violent Crime Information System to track and monitor violent
offenders and their activities. The Violent Crime Information
System shall use computer technology to compare unsolved crime
scenes and methods of operation information against the file of
known violent sexual assault, kidnapping, and homicide offenders.
The system shall provide local law enforcement agencies with
investigative leads to assist in the resolution of violent crimes.

SEC. 18.  

Section 14202.2 of the Penal Code is amended and
renumbered to read:

14216.  

(a) The Department of Justice, in conjunction with the
Department of Corrections and Rehabilitation, shall update any
supervised release file that is available to law enforcement on the
California Law Enforcement Telecommunications System every
10 days to reflect the most recent inmates paroled from facilities
under the jurisdiction of the Department of Corrections and
Rehabilitation.

(b) Commencing on July 1, 2001, the Department of Justice, in
consultation with the State Department of Mental Health, or its
successor, the State Department of State Hospitals, shall also
update any supervised release file that is available to law
enforcement on the California Law Enforcement
Telecommunications System every 10 days to reflect patients
undergoing community mental health treatment and supervision
through the Forensic Conditional Release Program administered
by the State Department of Mental Health, or its successor, the
State Department of State Hospitals, other than individuals
committed as incompetent to stand trial pursuant to Chapter 6
(commencing with Section 1367) of Title 10 of Part 2.

SEC. 19.  

Section 14203 of the Penal Code is amended and
renumbered to read:

14205.  

(a) The online missing persons registry shall accept
and generate complete information on a missing person.

(b) The information on a missing person shall be retrievable by
any of the following:

(1) The person’s name.

(2) The person’s date of birth.

(3) The person’s social security number.

(4) Whether a dental chart has been received, coded, and entered
into the National Crime Information Center Missing Person System
by the Attorney General.

(5) The person’s physical description, including hair and eye
color and body marks.

(6) The person’s known associates.

(7) The person’s last known location.

(8) The name or assumed name of the abductor, if applicable,
other pertinent information relating to the abductor or the assumed
abductor, or both.

(9) Any other information, as deemed appropriate by the
Attorney General.

(c) The Attorney General, in consultation with local law
enforcement agencies and other user groups, shall develop the
form in which information shall be entered into the system.

(d) The Attorney General shall establish and maintain within
the center a separate, confidential historic database relating to
missing children and at-risk adults. The historic database may be
used only by the center for statistical and research purposes. The
historic database shall be set up to categorize cases relating to
missing children and at-risk adults by type. These types shall
include the following:

(1) Runaways.

(2) Voluntary missing.

(3) Lost.

(4) Abduction involving movement of the victim in the
commission of the crime or sexual exploitation.

(5) Nonfamily abduction.

(6) Family abduction.

(7) Any other categories as determined by the Attorney General.

(e) In addition, the data shall include the number of missing
children and missing at-risk adults in this state and the category
of each case.

(f) The center may supply information about specific cases from
the historic database to a local police department, sheriff’s
department, or district attorney, only in connection with an
investigation by the police department, sheriff’s department, or
district attorney of a missing person case or a violation or attempted
violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any
sex offense listed in Section 290, except for the offense specified
in subdivision (d) of Section 243.4.

SEC. 20.  

Section 14204 of the Penal Code is repealed.

SEC. 21.  

Section 14205 of the Penal Code is amended and
renumbered to read:

14211.  

(a) All local police and sheriffs’ departments shall
accept any report, by any party, including any telephonic report,
of a missing person, including runaways, without delay and shall
give priority to the handling of these reports over the handling of
reports relating to crimes involving property.

(b) In cases where the person making a report of a missing
person or runaway, contacts, including by telephone, the
Department of the California Highway Patrol, the Department of
the California Highway Patrol may take the report, and shall
immediately advise the person making the report of the name and
telephone number of the police or sheriff’s department having
jurisdiction of the residence address of the missing person and of
the name and telephone number of the police or sheriff’s
department having jurisdiction of the place where the person was
last seen.

(c) In cases of reports involving missing persons, including, but
not limited to, runaways, the local police or sheriff’s department
shall immediately take the report and make an assessment of
reasonable steps to be taken to locate the person by using the report
forms, checklists, and guidelines required under Section 13519.07.

(d) If the missing person is under 21 years of age, or there is
evidence that the person is at risk, the police department or sheriff’s
department shall broadcast a “Be On the Lookout” bulletin, without
delay, within its jurisdiction.

(e) If the person reported missing is under 21 years of age, or
if there is evidence that the person is at risk, the law enforcement
agency receiving the report shall, within two hours after the receipt
of the report, electronically transmit the report to the Department
of Justice via the California Law Enforcement Telecommunications
System for inclusion in the Violent Crime Information Center and
the National Crime Information Center databases.

(f) Information not immediately available for electronic
transmission to the department shall be obtained by the
investigating agency and provided as a supplement to the original
entry as soon as possible, but in no event later than 60 days after
the original electronic entry. Supplemental information may
include, but is not limited to, the following:

(1) Dental records and treatment notes.

(2) Fingerprints.

(3) Photographs.

(4) Description of physical characteristics.

(5) Description of clothing the person was wearing when last
seen.

(6) Vehicle information.

(7) Other information describing any person or vehicle believed
to be involved in taking, abducting, or retaining the missing person.

(g) In cases where the report is taken by a department, other
than that of the city or county of residence of the missing person
or runaway, the department, or division of the Department of the
California Highway Patrol taking the report shall, without delay,
and, in the case of persons under 21 years of age or where there
was evidence that the missing person was at risk, within no more
than 24 hours, notify, and forward a copy of the report to the police
or sheriff’s department or departments having jurisdiction of the
residence address of the missing person or runaway and of the
place where the person was last seen. The report shall also be
submitted by the department or division of the Department of the
California Highway Patrol which took the report to the center. The
initial California Law Enforcement Telecommunications System
record may only be removed after the receiving agency has
accepted the report.

(h) The requirements imposed by this section on local police
and sheriffs’ departments shall not be operative if the governing
body of that local agency, by a majority vote of the members of
that body, adopts a resolution expressly making those requirements
inoperative.

SEC. 22.  

Section 14206 of the Penal Code is amended and
renumbered to read:

14212.  

(a) When any person makes a report of a missing
person to a police department, sheriff’s department, district
attorney’s office, Department of the California Highway Patrol,
or other law enforcement agency, the agency shall use the Attorney
General’s form as required under Section 13519.07. That form
shall include a statement authorizing the release of the dental or
skeletal X-rays, or both, and treatment notes, of the person reported
missing and authorizing the release of a recent photograph of a
person reported missing who is under 18 years of age.

(b) Included with the form shall be instructions which state that
if the person reported missing is still missing 30 days after the
report is made, the release form signed by a member of the family
or next of kin of the missing person shall be taken by the family
member or next of kin to the dentist, physician and surgeon, or
medical facility in order to obtain the release of the dental or
skeletal X-rays, or both, and treatment notes, of that person or may
be taken by a peace officer, if others fail to take action, to secure
those X-rays and treatment notes.

(c) Notwithstanding any other provision of law, dental or skeletal
X-rays, or both, and treatment notes, shall be released by the
dentist, physician and surgeon, or medical facility to the person
presenting the request and shall be submitted within 10 days by
that person to the police or sheriff’s department or other law
enforcement agency having jurisdiction over the investigation.

(d) When the person reported missing has been determined by
the agency to be an at-risk person, and has not been found within
30 days, the law enforcement agency may execute a written
declaration, stating that an active investigation seeking the location
of the missing person is being conducted, and that the dental or
skeletal X-rays, or both, and treatment notes, are necessary for the
exclusive purpose of furthering the investigation.

(e) Notwithstanding any other provision of law, the written
declaration, signed by a peace officer, is sufficient authority for
the dentist, physician and surgeon, or medical facility to
immediately release the missing person’s dental or skeletal X-rays,
or begin delete both. end delete begin insert both, or treatment notes. end insert

(f)  The Attorney General’s office shall code and enter the dental
or skeletal X-rays, or both, into the center’s database, which shall
serve as the statewide database for those X-rays, and shall forward
the information to the National Crime Information Center.

(g) When a person reported missing has not been found within
30 days, the sheriff, chief of police, or other law enforcement
agency conducting the investigation for the missing person may
confer with the coroner or medical examiner prior to the
preparation of a missing person report. The coroner or medical
examiner shall cooperate with the law enforcement agency. After
conferring with the coroner or medical examiner, the sheriff, chief
of police, or other law enforcement agency initiating and
conducting the investigation for the missing person may submit a
missing person report and the dental or skeletal X-rays, or both,
and photograph received pursuant to subdivision (a) to the Attorney
General’s office in a format acceptable to the Attorney General.

(h) Nothing in this section prohibits a parent or guardian of a
child, reported to a law enforcement agency as missing, from
voluntarily submitting fingerprints, and other documents, to the
law enforcement agency accepting the report for inclusion in the
report which is submitted to the Attorney General.

(i) The requirements imposed by this section on local police
and sheriff’s departments shall not be operative if the governing
body of that local agency, by a majority vote of the members of
that body, adopts a resolution expressly making those requirements
inoperative.

SEC. 23.  

Section 14207 of the Penal Code is amended and
renumbered to read:

14213.  

(a) When a person reported missing has been found,
the sheriff, chief of police, coroner or medical examiner, or the
law enforcement agency locating the missing person shall
immediately report that information to the Attorney General’s
office. The Attorney General’s office shall then notify the National
Crime Information Center that the missing person has been found.

(b) When a missing person is found, the report indicating that
the person is found shall be made not later than 24 hours after the
person is found to the law enforcement agency that made the initial
missing person report.

(c) In the event that a missing person is found alive or dead in
less than 24 hours and the local police or sheriff’s department has
reason to believe that the person had been abducted, the department
shall submit a report to the center in a format established by the
Attorney General. In the event that a missing person has been
found before he or she has been reported missing to the center, the
information related to the incident shall be submitted to the center.

(d) A law enforcement agency shall not establish or maintain
any policy that requires the removal of a missing person entry from
the center database or the National Crime Information Center
begin delete database. end delete begin insert database based solely on the age of the missing person. end insert

SEC. 24.  

Section 14208 of the Penal Code is amended and
renumbered to read:

14210.  

(a) The Department of Justice shall operate a statewide,
toll-free telephone hotline 24 hours per day, seven days per week
to receive information regarding missing children and at-risk adults
and relay this information to the appropriate law enforcement
authorities.

(b) The Department of Justice shall select up to six begin delete children end delete
begin insert persons end insert per month from the missing persons publicly begin delete maintained end delete
begin insert accessible end insert computer Internet directory maintained pursuant to
Section 14207 and shall produce posters with photographs and
information regarding these begin delete children, end delete begin insert persons, end insert including the
begin delete missing children end delete hotline telephone number and reward information.
The department shall make these posters available to parties as
prescribed and as the department deems appropriate.

(c) The Department of Justice shall provide appropriate local
reporting agencies with a list of persons still listed as missing who
are under 21 years of age, and with an appropriate waiver form in
order to assist the reporting agency in obtaining a photograph of
each of the missing children.

(d) Local reporting agencies shall attempt to obtain the most
recent photograph available for persons still listed as missing and
forward those photographs to the Department of Justice.

(e) The department shall include these photographs, as they
become available, in the quarterly bulletins pursuant to subdivision
(c) of Section 14204.

(f) State and local elected officials, agencies, departments,
boards, and commissions may enclose in their mailings information
regarding missing children or at-risk adults obtainable from the
Department of Justice or any organization that is recognized as a
nonprofit, tax-exempt organization under state or federal law and
that has an ongoing missing children program. Elected officials,
agency secretaries, and directors of departments, boards, and
commissions are urged to develop policies to enclose missing
children or at-risk adults information in mailings if it will not
increase postage costs and is otherwise deemed appropriate.

SEC. 25.  

Section 14209 of the Penal Code is repealed.

SEC. 26.  

Section 14210 of the Penal Code is amended and
renumbered to read:

14214.  

(a) The Legislature finds and declares that it is the duty
of all law enforcement agencies to immediately assist any person
who is attempting to make a report of a missing person or runaway.

(b) The Department of the California Highway Patrol shall
continue to implement the written policy, required to be developed
and adopted pursuant to former Section 11114.3, for the
coordination of each of its divisions with the police and sheriffs’
departments located within each division in taking, transmitting,
and investigating reports of missing persons, including runaways.

SEC. 27.  

Section 14213 of the Penal Code is amended and
renumbered to read:

14215.  

(a) As used in this title, “missing person” includes, but
is not limited to, begin delete a child who has been taken, detained, concealed,
enticed away, or retained by a parent in violation of Chapter 4
(commencing with Section 277) of Title 9 of Part 1. It also includes
any child who is missing voluntarily or involuntarily, or under
circumstances not conforming to his or her ordinary habits or
behavior and who may be in need of assistance. end delete begin insert any of the
following: end insert

begin insert

(1) An at-risk adult.

end insert begin insert

(2) A child who has been taken, detained, concealed, enticed
away, or retained by a parent in violation of Chapter 4
(commencing with Section 277) of Title 9 of Part 1.

end insert begin insert

(3) A child who is missing voluntarily or involuntarily, or under
circumstances not conforming to his or her ordinary habits or
behavior and who may be in need of assistance.

end insert

(b) As used in this title, begin delete “at-risk” end delete begin insert “at risk” end insert means there is
evidence of, or there are indications of, any of the following:

(1) The person missing is the victim of a crime or foul play.

(2) The person missing is in need of medical attention.

(3) The person missing has no pattern of running away or
disappearing.

(4) The person missing may be the victim of parental abduction.

(5) The person missing is mentally impaired.

(c) As used in this title, “child” is any person under 18 years of
age.

(d) As used in this title, “center” means the Violent Crime
Information Center.

(e) As used in this title, “dental or medical records or X-rays”
include all those records or X-rays which are in the possession of
a dentist, physician and surgeon, or medical facility.

(f) As used in this title, “unidentified person” means a person,
living or deceased, whose identity the local investigative agency
is unable to determine.

begin insert

begin insert SEC. 28. end insert   

end insert begin insert

Section 3.5 of this bill incorporates amendments to
Section 17506 of the Family Code proposed by both this bill and
SB 1460. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2015, (2) each bill
amends Section 17506 of the Family Code, and (3) this bill is
enacted after SB 1460, in which case Section 3 of this bill shall
not become operative.

end insert

begin delete SEC. 28. end delete
begin insert SEC. 29. end insert   

If the Commission on State Mandates determines
that this act contains costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.